ECOLOGICAL SOLID WASTE
MANAGEMENT ACT OF 2000 (RA 9003)
Governing Law
- On January 26, 2001, RA 9003 or the
Ecological Solid Waste Management Act of
2000 was enacted to provide a systematic,
comprehensive and ecological solid waste
management program.
Declaration of Policy
The objectives of the Act are to:
(a) Ensure the protection of the public health and
environment;
(b) Utilize environmentally-sound methods that
maximize the utilization of valuable resources
and encourage resource conservation and
recovery;
(c) Set guidelines and targets for solid waste
avoidance and volume reduction through source
reduction and waste minimization measures,
including composting, recycling, re-use,
recovery, green charcoal process, and others,
before collection, treatment and disposal in
appropriate and environmentally sound solid
waste management facilities in accordance with
ecologically sustainable development principles;
(d) Ensure the proper segregation, collection,
transport, storage, treatment and disposal of
solid waste through the formulation and
adoption of the best environmental practice in
ecological waste management excluding
incineration;
(e) Promote national research and development
programs for improved solid waste management
and resource conservation techniques, more
effective institutional arrangement and
indigenous and improved methods of waste
reduction, collection, separation and recovery;
(f) Encourage greater private sector participation
in solid waste management;
(g) Retain primary enforcement and
responsibility of solid waste management with
local government units while establishing a
cooperative effort among the national
government, other local government units, non-
government organizations, and the private
sector;
(h) Encourage cooperation and self-regulation
among waste generators through the application
of market-based instruments;
(i) Institutionalize public participation in the
development and implementation of national
and local integrated, comprehensive, and
ecological waste management programs; and
(j) Strength the integration of ecological solid
waste management and resource conservation
and recovery topics into the academic curricula
of formal and non-formal education in order to
promote environmental awareness and action
among the citizenry.
INSTITUTIONAL MECHANISM
(A) NATIONAL SOLID WASTE
MANAGEMENT COMMISSION
- There is hereby established a National Solid
Waste Management Commission (Commission)
under the Office of the President.
- The Commissioner shall be composed of
fourteen (14) members from the government
sector and three members from the private
sector.
- The government sector shall be represented by
the heads of the following agencies in their ex
officio capacity:
(1) Department of Environment and Natural
Resources (DENR);
(2) Department of the Interior and Local
Government (DILG);
(3) Department of Science and Technology
(DOST);
(4) Department of Public Works and Highways
(DPWH);
(5) Department of Health (DOH);
(6) Department of Trade and Industry (DTI);
(7) Department of Agriculture (DA);
(8) Metro Manila Development Authority
(MMDA);
(9) League of provincial governors;
(10) League of city mayors;
(11) League of municipal mayors;
(12) Association of barangay councils;
(13) Technical Education and Skills
Development Authority (TESDA); and
(14) Philippine Information Agency.
The private sector shall be represented by the
following:
(a) A representative from nongovernment
organizations (NGOs) whose principal purpose
is to promote recycling and the protection of air
and water quality;
(b) A representative from the recycling industry;
and
(c) A representative from the manufacturing or
packaging industry;
The Commission may, from time to time, call on
any other concerned agencies or sectors as it
may deem necessary.
Provided, That representatives from the NGOs,
recycling and manufacturing or packaging
industries shall be nominated through a process
designed by themselves and shall be appointed
by the President for a term of three (3) years.
Provided, further, That the Secretaries of the
member agencies of the Commission shall
formulate action plans for their respective
agencies to complement the National Solid
Waste Management Framework.
The Department Secretary and a private sector
representative of the Commission shall serve as
chairman and vice chairman, respectively. The
private sector representatives of the Commission
shall be appointed on the basis of their integrity,
high decree of professionalism and having
distinguished themselves in environmental and
resource management. The members of the
Commission shall serve and continue to hold
office until their successors shall have been
appointed and qualified. Should a member of the
Commission fail to complete his/her term, the
unexpired portion of the term. Finally, the
members shall be entitled to reasonable traveling
expenses and honoraria.
The Department, through the Environmental
Management Bureau, shall provide secretariat
support to the Commission. The Secretariat shall
be headed by an executive director who shall be
nominated by the members of the Commission
and appointed by the chairman.
POWERS AND FUNCTIONS OF THE
COMMISSION
- The Commission shall oversee the
implementation of solid waste management
plans and prescribe policies to achieve the
objectives of this Act. The commission shall
undertake the following activities:
(a) Prepare the national solid waste management
framework;
(b) Approve local solid waste management plans
in accordance with its rules and regulations;
(c) Review and monitor the implementation of
local solid waste management plans;
(d) Coordinate the operation of local solid waste
management boards in the provincial and
city/municipal levels;
(e) To the maximum extent feasible, utilizing
existing resources, assist provincial, city and
municipal solid waste management plans;
(f) Develop a model provincial, city and
municipal solid waste management plan that will
establish prototypes of the content and format
which provinces, cities and municipalities may
use in meeting the requirements of the National
Solid Waste Management Framework;
(g) Adopt a program to provide technical and
other capability building assistance and support
to local government units in the development
and implementation of source reduction
programs;
(h) Develop and implement a program to assist
local government units in the identification of
markets for materials that are diverted from
disposal facilities through re-use, recycling, and
composting, and other environment-friendly
methods;
(i) Develop a mechanism for the imposition of
sanctions for the violations environmental rules
and regulations;
(j) Manage the Solid Waste Management Fund;
(k) Develop and prescribe procedures for the
issuance of appropriate permits and clearances.
(l) Review the incentives scheme for effective
solid waste management, for purpose of
ensuring relevance and efficiency in achieving
the objectives of this Act;
(m) Formulate the necessary education
promotion and information campaign strategies;
(n) Establish, after notice and hearing of the
parties concerned, standards, criteria, guidelines,
and formula that are fair, equitable and
reasonable, in establishing tipping charges and
rates that the proponent will charge in the
operation and management of solid waste
management facilities and technologies.
(o) Develop safety nets and alternative
livelihood programs for small recyclers and
other sectors that will be affected as a result of
the construction and/or operation of solid waste
management recycling plant or facility.
(p) Formulate and update a list of non-
environmentally acceptable materials in
accordance with the provisions of this Act. For
this purpose, it shall be necessary that proper
consultation be conducted by the Commission
with all concerned industries to ensure a list that
is based on technological and economic
viability.
(q) Encourage private sector initiatives,
community participation and investments
resource recovery-based livelihood programs for
local communities.
(r) Encourage all local government agencies and
all local government units to patronize products
ROLE OF THE DEPARTMENT
manufactured using recycled and recyclable
materials; - For the furtherance of the objectives of this
Act, the Department shall have the following
functions:
(s) Propose and adopt regulations requiring the
(a) Chair the Commission created pursuant to
source separation and post separation collection,
this Act;
segregated collection, processing, marketing and
sale of organic and designated recyclable (b) Prepare an annual National Solid Waste
material generated in each local government Management Status Report;
unit; and
(c) Prepare and distribute information, education
and communication materials on solid waste
management;
(t) Study and review of the following:
(d) Establish methods and other parameters for
the measurement of waste reduction, collection
(i) Standards, criteria and guidelines for and disposal;
promulgation and implementation of an
(e) Provide technical and other capability
integrated national solid waste management
building assistance and support to the LGUs in
framework; and
the development and implementation of local
solid waste management plans and programs;
(ii) Criteria and guidelines for siting, design, (f) Recommend policies to eliminate barriers to
operation and maintenance of solid waste waste reduction programs;
management facilities.
(g) Exercise visitorial and enforcement powers
to ensure strict compliance with this Act;
(B) THE NATIONAL ECOLOGY CENTER (h) Perform such other powers and functions
necessary to achieve the objectives of this Act;
- There shall be established a National Ecology
and
Center under the Commission which shall
provide consulting, information, training, and (i) Issue rules and regulations to effectively
networking services for the implementation of implement the provisions of this Act.
the provisions of this Act.
The National Ecology Center shall be headed by
(C) ROLE OF LGUs IN SOLID WASTE
the director of the Bureau in his ex officio
MANAGEMENT
capacity.
- Pursuant to the relevant provisions of R.A. No.
It shall maintain a multi-sectoral, multi-
7160, otherwise known as the Local government
disciplinary pool of experts including those from
code, the LGUs shall be primarily responsible
the academe, inventors, practicing professionals,
for the implementation and enforcement of the
business and industry, youth , women and other
provisions of this Act within their respective
concerned sectors, who shall be screened
jurisdictions.
according to qualifications set by the
Commission.
- Segregation and collection of solid waste shall
be conducted at the barangay level specifically
for biodegradable, compostable and reusable
wastes: Provided, That the collection of non-
recyclable materials and special wastes shall be
the responsibility of the municipality or city.
(D) PROVINCIAL SOLID WASTE
MANAGEMENT BOARD
Provincial Solid Waste Management Board - A
Provincial Solid Waste Management board shall
be established in every province, to be chaired
by the governor. Its members shall include:
(a) All the mayors of its component cities and
municipalities;
(b) One (1) representative from the Sangguniang
Panlalawigan to be represented by the
chairperson of either the Committees on
Environment or Health or their equivalent
committees, to be nominated by the presiding
officer;
(c) The provincial health and/or general services
officers, whichever may be recommended by the
governor;
(d) The provincial environment and natural
resources officer;
(e) The provincial engineer;
(f) Congressional representatives from each
congressional district within the province;
(g) A representative from the NGO sector whose
principal purpose is to promote recycling and
the protection of air and water quality;
(h) A representative from the recycling industry;
(i) A representative from the manufacturing or
packaging industry; and
(j) A representative of each concerned
government agency possessing relevant
technical and marketing expertise as may be
determined by the board.
The Provincial Solid Waste Management Board
may, from time to time, call on any other
concerned agencies or sectors as it may deem
necessary.
Provided, That representatives from the NGOs,
recycling and manufacturing or packaging
industries shall be selected through a process
designed by themselves and shall be endorsed
by the government agency of representatives of
the Board: Provided, further, that in the Province
of Palawan, the Board shall be chaired by the
chairman of the Palawan Council for Sustainable
Development, pursuant to Republic Act No.
7611.
In the case of Metro Manila, the Board shall be
chaired by the chairperson of the MMDA and its
members shall include:
(i) all mayors of its component cities and
municipalities;
(ii) a representative from the NGO sector whose
principal purpose is to promote recycling and
the protection of air and water quality;
(iii) a representative from the recycling industry;
and
(iv) a representative from the manufacturing or
packaging industry.
The Board may, from time to time, call on any
other concerned agencies or sectors as it may
deem necessary.
Provided, That representatives from the NGOs,
recycling and manufacturing or packaging
industries shall be selected through a process
designed by themselves and shall be endorsed
by the government agency representatives of the
Board.
The Provincial Solid Waste Management Board
shall have the following functions and
responsibilities:
(1) Develop a provincial solid waste
management plan from the submitted solid
waste management plans of the respective city
and municipal solid waste management boards
herein created. It shall review and integrate the
submitted plans of all its component cities and
municipalities and ensure that the various plan
complement each other, and have the requisite
components. The Provincial Solid Waste
Management Plan shall be submitted to the
Commission for approval.
The Provincial Plans shall reflect the general
program of action and initiatives of the
provincial government and implementing a solid
waste management program that would support
the various initiatives of its component cities
and municipalities.
(2) Provide the necessary logistical and
operational support to its component cities and
municipalities in consonance with subsection (f)
of Sec.17 of the Local Government Code;
(3) Recommend measures and safeguards
against pollution and for the preservation of the
natural ecosystem;
(4) Recommend measures to generate resources,
funding and implementation of project and
activities as specified in the duly approved solid
waste management plans;
(5) Identify areas within its jurisdiction which
have common solid waste management
problems and are appropriate units are planning
local solid waste management services in
accordance with Section 41 hereof;
(6) Coordinate the efforts of the component
cities and municipalities in the implementation
of the Provincial Solid Waste Management Plan;
(7) Develop an appropriate incentive scheme as
an integral component of the Provincial Solid
Waste Management Plan;
(8) Convene joint meetings of the provincial,
city and municipal solid waste management
boards at least every quarter for purposes of
integrating, synchronizing, monitoring and
evaluating the development and implementation
of its provincial solid waste management plan;
 d) A representative from NGOs whose principal
purpose is to promote recycling and the
(9) Represent any of its component city or
protection of air and water quality;
municipality in coordinating its resource and
operational requirements with agencies of the
national government;
e) A representative from the recycling industry;

(10) Oversee the implementation of the

f) A representative from the manufacturing or
Provincial Solid Waste Management Plant;
packaging industry; and

(11) Review every two (2) years or as the need

g) A representative of each concerned
arises the Provincial Solid Waste Management
government agency possessing relevant
Plan for purposes of ensuring its sustainability,
technical and marketing expertise as may be
viability, effectiveness and relevance in relation
determined by the Board.
to local and international development in the
field of solid waste management; and

The City or Municipal Solid Waste Management

Board may, from time to time, call on any
(12) Allow for the clustering of LGUs for the
concerned agencies or sectors as it may deem
solution of common solid waste management
necessary.
problems.
(E) CITY AND MUNICIPAL SOLID WASTE
MANAGEMENT BOARD Provided, That representatives from NGOs,
recycling and manufacturing or packaging
The City or Municipal Solid Waste Management
industries shall be selected through a process
Board shall be composed of the city or
designed by themselves and shall be endorsed
municipal mayor as head with the following as
by the government agency representatives of the
members:
Board.

a) One (1) representative of Sangguniang

The City and Municipal Solid Waste
Panlungsod or the Sangguniang Bayan,
Management Boards shall have the following
preferably chairpersons of either the Committees
duties and responsibilities:
on Environment or Health, who will be
designated by the presiding officer;

(1) Develop the City or Municipal Solid Waste

Management Plan that shall ensure the long-
b) President of the Association of Barangay
term management of solid waste, as well as
Councils in the municipality or city;
integrate the various solid waste management
plans and strategies of the barangays in its area
of jurisdiction. In the development of the Solid
c) Chairperson of the Sangguniang Kabataan
Waste Management Plan, it shall conduct
Federation;
consultations with the various sectors of the
community;

(2) Adopt measures to promote and ensure the
viability and effective implementation of solid
waste management programs in its component
barangays;
(3) Monitor the implementation of the City or
Municipal Solid Waste Management Plan
through its various political subdivisions and in
cooperation with the private sector and the
NGOs;
(4) Adopt specific revenue-generating measures
to promote the viability of its Solid Waste
Management Plan;
(5) Convene regular meetings for purposes of
planning and coordinating the implementation of
the solid waste management plans of the
respective component barangays;
(6) Oversee the implementation of the City or
Municipal Solid Waste Management Plan;
(7) Review every two (2) years or as the need
arises the City or Municipal Solid Waste
Management Plan for purposes of ensuring its
sustainability, viability, effectiveness and
relevance in relation to local and international
developments in the field of solid waste
management;
(8) Develop the specific mechanics and
guidelines for the implementation of the City or
Municipal Solid Waste Management Plan;
(9) Recommended to appropriate local
government authorities specific measures or
proposals for franchise or build-operate-transfer
agreements with duly recognized institutions,
pursuant to R.A.6957, to provide either
exclusive or non-exclusive authority for the
collection, transfer, storage, processing,
recycling or disposal of municipal solid waste.
The proposals shall take into consideration
appropriate government rules and regulations on
contracts, franchise and build-operate-transfer
agreements;
(10) Provide the necessary logistical and
operational support to its component cities and
municipalities in consonance with subsection (f)
of Sec. 17 of the Local Government Code;
(11) Recommended measures and safeguards
against pollution and for the preservation of the
natural ecosystem; and
(12) Coordinates the efforts of its components
barangays in the implementation of the city or
municipal Solid Waste Management Plan.
SEGREGATION OF WASTES
MANDATORY SEGREGATION OF SOLID
WASTES
- The LGUs shall evaluate alternative roles for
the public and private sectors in providing
collection services, type of collection system, or
combination of systems, that best meet their
needs.
The Segregation of wastes shall primarily be
conducted at the source, to include household,
institutional, industrial, commercial and
agricultural sources.
The wastes shall be segregated into the
categories provided in Sec. 22 of this Act.
For premises containing six (6) or more
residential units, the local government unit shall
promulgate regulations requiring the owner or
person in charge of such premises to:
(a) provide for the residents a designated area
and containers in which to accumulate source
separated recyclable materials to be collected by
the municipality or private center; and
(b) notify the occupants of each buildings of the
requirements of this Act and the regulations
promulgated pursuant thereto.
REQUIREMENTS FOR THE
SEGREGATION AND STORAGE OF
SOLID WASTE
- The following shall be the minimum standards
and requirements for segregation and storage of
solid waste pending collection:
(a) There shall be a separate container for each
type of waste from all sources: Provided, That in
the case of bulky waste, it will suffice that the
same be collected and placed in a separate
designated area; and
(b) The solid waste container depending on its
use shall be properly marked or identified for
on-site collection as "compostable", "non-
recyclable", "recyclable" or "special waste", or
any other classification as may be determined by
the Commission.
COLLECTION AND TRANSPORT OF
SOLID WASTES
REQUIREMENTS FOR COLLECTION OF
SOLID WASTES
- The following shall be the minimum standards
and requirements for the collection of solid
waste:
(a) All collectors and other personnel directly
dealing with collection of solid waste shall be
equipped with personal protective equipment to
protect them from the hazards of handling
wastes;
(b) Necessary training shall be given to the
collectors and personnel to ensure that the solid
wastes are handled properly and in accordance
with the guidelines pursuant to this Act; and
(c) Collection of solid waste shall be done in a
manner which prevents damage to the container
and spillage or scattering of solid waste within
the collection vicinity.
RECYCLING PROGRAM
RECLAMATION PROGRAMS AND BUY-
BACK CENTERS FOR RECYCLABLES AND
TOXICS
- The National Ecology Center shall assist LGUs
in establishing and implementing deposit or
reclamation programs in coordination with
manufacturers, recyclers and generators to
provide separate collection systems or
convenient drop-off locations for recyclable
materials and particularly for separated toxic
components of the waste stream like dry cell
batteries and tires to ensure that they are not
incinerated or disposed of in a landfill.
Toxic materials present in the waste stream
should be separated at source, collected
separately and further screened and sent to
appropriate hazardous waste treatment and
disposal plants, consistent with the provisions of
R.A. No. 6969.
PROHIBITION ON THE USE OF NON-
ENVIRONMENTALLY ACCEPTABLE
PACKAGING
- No person owning, operating or conducting a
commercial establishment in the country shall
sell or convey at retail or possess with the intent
to sell or convey at retail any products that are
placed, wrapped or packaged in or on packaging
which is not environmentally acceptable
packaging:
 The Commission shall determine a phase-out
period after proper consultation and hearing with
the stakeholders or with the sectors concerned.
The presence in the commercial establishment of
non-environmentally acceptable packaging shall
constitute a rebuttable presumption of intent to
sell or convey the same at retail to customers.
A violation of this Section shall be sufficient
grounds for the revocation, suspension, denial or
non-renewal of any license for the establishment
in which the violation occurs.